What is a Demurrer?

Useful Rulings on Demurrer

Recent Rulings on Demurrer

1-25 of 10000 results

HOMAYOUN LARIAN VS EDWARD CZUKER, ET AL.

REASONING Demurrer and Motion to Strike “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins.

  • Hearing

    Jul 26, 2020

  • Type

    Real Property

  • Sub Type

    other

HAGOP TCHAKERIAN VS CITY OF LOS ANGELES

Demurrer “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins.

  • Hearing

    Jul 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

Accordingly, Defendants’ demurrer to the eighth cause of action is SUSTAINED, with twenty (20) days leave to amend. Motion to Strike Given the Court’s ruling on demurrer, Defendants’ motion to strike is DENIED, as MOOT.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

Accordingly, Defendant’s demurrer to the third cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARSHA A. JOHNSON VS BOARD OF REGISTERED NURSES

TENTATIVE RULING Defendant Board of Registered Nursing’s Demurrer to Plaintiff’s Complaint is SUSTAINED, with twenty (20) days leave to amend. Defendant Board of Registered Nursing’s Motion to Reclassify Matter from Limited to Unlimited Jurisdiction is DENIED, as MOOT. Defendant Board of Registered Nursing to give notice. REASONING Demurrer “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.)

  • Hearing

    Jul 26, 2020

KOUROSH IZADPANAHI VS MARIA ALMA YOLANDA IBARRA DABDOUB, ET AL.

Motion to Strike Based on the Court’s ruling on demurrer, Defendant’s motion to strike is DENIED, as MOOT.

  • Hearing

    Jul 26, 2020

PEOPLE OF THE STATE OF CALIFORNIA VS CHARLES PETERS

Analysis A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. (Code Civ. Proc., § 438, subd. (f).) Except as provided by statute, the rules governing demurrers apply. (Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1012.) “Judgment on the pleadings is proper when the complaint does not state facts sufficient to constitute a cause of action against the defendant.” (Rolfe v. Cal. Transp.

  • Hearing

    Jul 26, 2020

NINA MARIE JOHNSON VS IAN PATTON, ET AL.

Accordingly, Defendants’ demurrer to the second cause of action is SUSTAINED, without leave to amend.

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

LA LIVE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KA WAIKWAN, AN INDIVIDUAL, ET AL.

On November 6, 2019, the Court sustained with leave to amend Defendant Moy’s demurrer to the first and second causes of action in the complaint. On November 14, 2019, Plaintiff filed its first amended complaint (“FAC”) for (1) breach of lease agreement against Defendant Triple 8 Restaurant, LLC; and (2) breach of lease and personal guaranty of lease against Guarantor Defendants Kwan and Moy. On January 29, 2020, the Court overruled Defendant Ka Wai Kwan’s demurrer to the FAC.

  • Hearing

    Jul 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHAN WOO JANG VS YOUNG C OH, ET AL.

Demurrer is SUSTAINED with leave to amend.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ILAN BITTON VS TYLER THORNTON, ET AL.

On February 21, 2020, the Court overruled Defendants Tyler Thornton and Sunfire Nutrition, LLC’s demurrer to the first and third causes of action and sustained their demurrer to the second cause of action without leave to amend. On March 13, 2020, Defendants Sunfire Nutrition, LLC and Tyler Thornton filed substitutions of attorney. On April 3, 2020, Defendants Sunfire Nutrition, LLC and Tyler Thornton filed the instant motions to be admitted pro hac vice by Eileen M. Letts and Giselle B. May.

  • Hearing

    Jul 14, 2020

VIVI ROBYN STAFFORD VS BROADSTONE FAIRFAX, LLC, ET AL.

Given that no opposition was filed to Campomanes’ demurrer and Campomanes was dismissed from this action, the Court finds that Campomanes’ demurrer to the complaint is MOOT. Thus, the Court will only address the demurrer filed by the Alliance Defendants. MEET AND CONFER The meet-and-confer requirement has been met. DEMURRER “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

  • Hearing

    Jul 08, 2020

YAN LI VS APRIL LI

Li, Cheng, Moon and Does 1-10 for: On March 15, 2018, the court sustained Plaintiffs’ demurrer to A. Lin, et al.’s cross-complaint, without leave to amend. On August 6, 2018, S. Li, Cheng and Moon filed their First Amended Cross-Complaint (“FACC”), asserting causes of action therein against Lili Young (“Young”) and Does 1-10 for: On October 19, 2018, the court sustained Young’s demurrer to the FACC without leave to amend. On November 15, 2018, Plaintiff-In-Intervention State Farm General Ins.

  • Hearing

    Jul 08, 2020

RONALD TRIBBLE VS VICTOR A ASEMOTA ET AL

Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.¿ (Donabedian v. Mercury Ins.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

JOE NOVOA VS MARKWINS INTERNATIONAL CORPORATION, ET AL.

Before filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (CCP § 430.41(a).)

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

FERNANDO HERNANDEZ VS GEORGE "FRANK" ALVAREZ

., All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs’ Title or Any Cloud on Plaintiffs’ Title Thereto and Does 1-20 for: Quiet Title Breach of Contract Breach of the Covenant of Good Faith and Fair Dealing Breach of Fiduciary Duty Negligent Misrepresentation Fraud Money Had and Received/Unjust Enrichment On July 31, 2018, the court sustained Alvarez’s demurrer to the third cause of action in the

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOHNETTRA BAILEY VS CITY OF LOS ANGELES, ET AL.

City of Los Angeles The Demurrer to Plaintiff’s Complaint is taken off calendar as moot. The Court’s file reflects that Plaintiff timely filed a First Amended Complaint on 6/17/20, superseding the original complaint. Moving party is ordered to give notice.

  • Hearing

    Jul 07, 2020

WANDA NELSON V. SANTA BARBARA COUNTY SHERIFFS OFFICE, ET AL.

Demurrer: Defendants have demurred to the complaint on various grounds, seeking to have the demurrer sustained, without leave to amend, to the entire complaint.

  • Hearing

    Jul 06, 2020

FLAG & SYMBOL, LLC. VS VALUE PRICE, LLC.

Determining whether these damages are reasonable certainty to occur is a question of fact not suited for demurrer. Conclusion Defendants Value Price’s and Lapin’s demurrer is overruled as to the first and second causes of action and sustained without leave to amend as to the third through seventh causes of action.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

A. CHARLES WILSON VS CENTURY CITY MEDICAL PLAZA, L.P., ET AL.

Again, Defendant’s arguments rely on theories that require the Court to make determinations that cannot be made on demurrer, where the Court tests only the sufficiency of the pleadings. Here, it cannot be reasonably said that the pleading is so incomprehensible that Defendant cannot reasonably respond. Defendant’s demurrer based on uncertainty is OVERRULED.

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

SUSHI BEAR, INC. VS. THE ONE SOLUTION

Ruling: Plaintiff’s Motion to Strike the Demurrer, or in the alternative, enter Defendants’ default is DENIED. Plaintiff’s Motion for Sanctions is DENIED. “Under section [CCP] 430.41, before filing a demurrer, the demurring party must meet and confer with the party who filed the challenged pleading ‘in person or by telephone’ to determine if the demurring party’s objections can be resolved by agreement. (§ 430.41, subd. (a) (1).)

  • Hearing

    Jul 06, 2020

SHAHROKH MOKHTARZADEH, A PROFESSIONAL LAW CORPORATION VS ELNAZ HOUSHMAND NAGHASHAN

Therefore, because the Fourth Cause of Action – Breach of Contract survives demurrer, so does this Fifth Cause of Action – Common Counts. Accordingly, the Demurrer to the Fifth Cause of Action is OVERRULED. Defendant Elnaz Houshmand’s Demurrer to the First Amended Complaint is OVERRULED. DATED: July 6, 2020 ______________________________ Hon. Robert S. Draper Judge of the Superior Court

  • Hearing

    Jul 06, 2020

GUILFORD VS. BANK OF AMERICA, NATIONAL ASSOCIATION

Motion: 1) Demurrer to Complaint. 2) Motion to Strike Portions of the Complaint. Moving Party: Defendants Bayview Loan Servicing, LLC, The Bank of New York Mellon, and Luis Carrillo. Responding Party: Plaintiff Gloria Guilford. Motion: 3) Motion for Judgment on the Pleadings. Moving Party: Defendant Bank of America, N.A. Responding Party: Plaintiff Gloria Guilford.

  • Hearing

    Jul 06, 2020

IN THE MATTER OF: NAKIA ROUSIE , ET AL.

A complaint was served in May 1982 stating a claim for “medical negligence” and was denied on demurrer. However, the Court of Appeal characterized counsel’s failure to file a second claim as a mistake of law and a “failure to discern, or to anticipate the trial court’s holding, that a claim actually presented and acted upon by the state was not drafted with sufficient specificity to support or embrace a cause of action for the claimant’s injuries based upon medical negligence.” (Moore, 157 Cal.

  • Hearing

    Jul 06, 2020

(NO CASE NAME AVAILABLE)

No demurrer, or summary judgment had been filed, let alone ruled upon or been the subject of a tentative ruling. No statutory deadline had been passed. There was no “procedural dereliction by the dismissing plaintiff that made dismissal otherwise inevitable.” Defendant’s motion fails to explain how merely being presented with a different claimed state of facts with no determination of the validity of that claim can lead to “inevitable dismissal.” Plaintiff had the right to test the claim of tenancy.

  • Hearing

    Jul 06, 2020

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